Quick Answer: Police may be able to seize your phone as evidence depending on the circumstances and the legal power being used (PACE includes a general power of seizure in certain search situations).[1] If seized, PACE section 22 allows retention so long as is necessary in all the circumstances (subject to limits, including where a photograph/copy is sufficient).[2] If you receive a formal section 49 notice under RIPA, failing to comply can be an offence under section 53.[3] [4]
When Can Police Take Your Phone?
Police powers depend on the context (for example, during searches). PACE includes a general power of seizure in certain situations, including where a constable has reasonable grounds to believe an item is evidence and it is necessary to seize it to prevent it being concealed, lost, altered or destroyed.[1]
Do You Have to Give Your PIN or Password?
General Position
Do not guess. If police ask you to unlock your phone or disclose a password, get legal advice based on the exact power they are using.
The RIPA Exception
Under Section 49 of the Regulation of Investigatory Powers Act 2000 (RIPA), a notice can require disclosure of protected information in the circumstances set out in the Act.[3] Section 53 makes it an offence to knowingly fail to make the disclosure required by virtue of the giving of a section 49 notice.[4]
How Long Can Police Keep Your Phone?
PACE section 22 provides that seized property may be retained so long as is necessary in all the circumstances (subject to the provisions in that section).[2] This can include retention for use as evidence at trial, forensic examination, or investigation in connection with an offence.[2]
Getting Your Phone Back
If police retain your phone, you can request its return once it is no longer needed. If there is a dispute about return of property in police possession, a court of summary jurisdiction may make orders under the Police (Property) Act 1897.[5]
Practical Advice
- Ask what power is being used: different powers have different rules.
- Get legal advice: before disclosing passwords or unlocking a device.
- Ask about RIPA: is there a formal section 49 notice?[3]
- Document: Note when your phone was seized and by whom
- Request return: Once the matter is concluded
Sources
- Police and Criminal Evidence Act 1984 (PACE) s.19 (general power of seizure)—https://www.legislation.gov.uk/ukpga/1984/60/section/19
- PACE s.22 (retention of seized property)—https://www.legislation.gov.uk/ukpga/1984/60/section/22
- Regulation of Investigatory Powers Act 2000 (RIPA) s.49 (notices requiring disclosure)—https://www.legislation.gov.uk/ukpga/2000/23/section/49
- RIPA s.53 (offence: failure to comply with a section 49 notice)—https://www.legislation.gov.uk/ukpga/2000/23/section/53
- Police (Property) Act 1897 s.1 (court power to order delivery of property in police possession)—https://www.legislation.gov.uk/ukpga/Vict/60-61/30/section/1
Note: UK legislation changes. If something is urgent or unclear, get advice for your specific situation.
Key Takeaways
- ✓Police can seize your phone on arrest
- ✓You're not generally obliged to give your PIN/password
- ✓A RIPA Section 49 notice can make refusal an offence
- ✓Phones can be kept for weeks or months
- ✓Get legal advice before deciding on password disclosure
Frequently Asked Questions
Can police take my phone when I'm arrested?
Yes, police can seize your phone when you're arrested as part of a search incident to arrest. They can take it to search for evidence related to the offence.
Do I have to give police my phone PIN or password?
Generally, you are not obliged to give police your PIN or password. However, under Section 49 RIPA, police with proper authority can require disclosure, and refusal can be a criminal offence.
How long can police keep my phone?
Police can keep your phone for as long as necessary for the investigation. This could be weeks or months. If not charged, you may apply for its return.
Can police search my phone without a warrant?
If you're arrested, police can seize your phone without a warrant. To examine its contents, they may need authorisation under PACE. Phones are often examined after seizure using forensic tools.
Can I get my phone back if I'm released without charge?
If released without charge, you should be able to reclaim your phone. However, police may retain it if the investigation continues. A solicitor can help expedite return.
Phone Seized by Police?
If police have taken your phone and you need advice on your rights or help getting it back, I can assist. Free consultations available.